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Services - Forensic Loan Analysis and/or Audit

A forensic loan analysis is a cursory review of your existing loan documents and disclosures meant to determine if your current lender may have made mistakes which could be found to represent violations of state and/or federal laws.

A forensic loan audit is a complete and detailed audit of your existing loan documents and disclosures to find violations by your lender of the Real Estate Settlement & Procedures Act (RESPA), Trust in Lending Act (TILA) and other laws. Violations may include:

Constructive Fraud: Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which a reasonable borrower would want to know before accepting the loan. Did the broker or loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower?

Fraud and Negligent Representation: Were any representations, statements, or comments, written or oral made by the loan officer, broker, notary or anyone else which contradicted the terms of the documents? When a mortgage professional makes errors which a reasonably diligent mortgage professional would not have made, he or she may have made a negligent misrepresentation.

Excessive Fees: We look for Excessive Fees and improper Charges by your Lender. We also look for Deceptive Abusive Predatory Lending Practices, Excessive Prepayment Penalties, Tangible Benefits to the Borrower, Affordability to the Borrower, Home Mortgage Disclosure Act (HMDA) Data, Broker Fee Agreements, and State and Federal Disclosure Accuracy.

Breach of Contract: The note and its attachments are a contract. The lender must follow all the terms of the contract such as the way the interest is calculated, and penalties it assesses. Were there any terms in the contract which the lender failed to follow?

The Results: Once it is determined that you may have been a victim of deceptive lending practices or any other type of mortgage compliance issues stated above, we have the option of sending an official Qualified Written Request to your Lender on your behalf.

We will first attempt to settle the Loan Issue/Documented Dispute with the Lender prior to filing complaint(s) with any agency and inform the Lender of the issues found. Most lenders will have little choice but to settle once they review the Qualified Written Request. In the event, the Lender fails to respond to our official written request within 20 days of our notice or fails to settle within a 60 day time period, our legal team can refer you to a local law firm that could then file a lawsuit with the lender on your behalf. We firmly believe a lawsuit should be your last option, and will do everything possible to negotiate with the lender to give you a deep and adequate modification based on the violations found.